Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-12-30

the guise merely OF police regulations is aim
ing to deprive the citizen Of his constitutions
within the knowledge of all, that the publ
health, the public morals, and the publ
safety may be endangered e by the ger
ignore the fact, established by statistics acces
sible to every one, that the disorder, pauper
ism, and crime prevalent in the country are il
large measure traceable to this evil II, there
fore, a State deems the absolute prohibition Q
the manufacture and sale within her limits Q
Intoxicating liquors for other than medical
scientific, and manufacturing purposes to b
! necessary to the peace and security Of society
the courts cannot, without usurping legisla
tive functions override the will Of the peopl
as thus expressed by their chosen representa-
tives.
ut is fundamental principle in our institu
tions. Indispensable to the preservation o
public liberty, that one of the separate depart
ments Of government shall not usurp power
committed by the Constitution to another de
partment, and So if, in the judgment of tn
Legislature, the manufacture of intoxicating
liquors for the makers own use beverage
would tend to cripple if not to defeat her effort
to guard the community against the evils Mt
| tending the excessive use of such liquors, it is
not for the courts, upon their views as to wha
is best and safest for the community, to disre
gard the Legislative determination of that ques
ton.
| 80 far from such regulation being inap
propriate to the general end sought to be nc
| complished, it is easy to BIO seen that the en-
Constitution and laws of Kansas, might fail il
| the right Of each citizen to manufacture intoxi-
eating liquors for his own use as beverage
| were recognized Such right does not inhere
| in citizenship. nor can it be snid that the Gov.
eminent interferos with or impalrs any ones
constitutional rights OF liberty or of property
| when it determines that the manufacture and
sale Of Intoxicating drinks for individual use
as q beverage are, or may become, hurtful to
society and to every member of it, and is,
| therefore, n business in which one may law
| fully engage. This conclusion is unavoidable,
| unless the fourteenth amendment of the Con-
! stituton takes from the States Of the Union
| those powers Of police that were reserved at
| the time the original Constitution was adopted.
| But this court has declared, upon full consi d.
GRAFTON, in Barber VS.. Connolly nl3 U. S., 3ll
that the fourteenth amendment had no such
effect. After observing, among other things,
| that that amendment forbade the arbitrary de-
lrivation of life or liberty and the arbitrary
spoliation of property and secured equal protec-
ton to all under like circumstances, in respect
! as well to their personal and civil rights as to
their acquisition and enjoyment OF property
the court in that case said
But neither the amendment-broad and
comprehensive as it is-nor any other amend
ment was designed to interfere with the power
of the State, sometimes termed its police
power, to prescribe regulations to promote the
health, peace, morals, education, and good Or
der OF the people. and to legislate SO as to in
resources, and add to it's wealth and pros
peritv.'
Undoubtedly the State, when providing by
health. the public morals, or the public safety,
is subject to tho paramount authority of the
Constitution of the United States, and may not
violate rights secured or guaranteed by thut
instrument, or interfere with tho execution of
the powers confded to the General Govern
mcnt. Henderson vs.. Mayor of New York, 80
s dfaa%s VS. mase % d
isann Light Company lis i'd, 100; Walling vs.
Michigan, 11s i'd, 446; Yick Wo VS.. Hopkins
us i'd, $50; Morgan's Steamship Company VS.
Si NH Ron l nfT no1{
WITHOUT DUE PROCESS OF Law.
Upon this ground-if we do not misappre-
hend the position OF defendants-it is contend
ed that ATS the primary and principal use of
beer is as u beverage; as their respective brew
cries were erected when il was lawful to en-
gage in the manufacture of beer for every pur-
no value Us property, or, at least will be very
materially diminished in value, if not employ
ing in the manufacture Of beer, for every pl,r-
ployed is. in effect, a taking of property for
public use without compensation, and, conse-
qnently, deprivation of property without due
State in the exercise of her police powers, may
lawfully prohibit the manufacture and sale,
| within her limits. of intoxicating liquors to be
used beverage, legislation having that OBJ
ject i'll view cannot be enforced against those
who, Mt the time, happened to own property the
chief value of which consists in its fitness for
| sation is first made to them on account of the
| diminution i'll the value of property resulting
| from such prohibitory enactments.
ihis lnterpret.atl99n OF the fourteenth amend,
| that the States intended by adopting that
amendment to impose restraint upon the exer-
! else OF their powers of mere police.
| REGARDING CONTRACTS.
In respect to contracts the obligations lof
which protected against State legislation,
| this court has said
| ""The constitutional prohibition upon State
laws impairing the obligation of contract does
not restrict the power of the State to protect
public safety as the one or the other may be
| involved III the execution of said contract
Rights and privileges arising from contracts
protection of the public health, the public NOR.
| als, and the public safety i'll the same sense
| and to the same extent as are all contracts and
sons or corporations New Orleans Gas Com.
| pany Vs. Louisiana Light Company. I115 U. ST.
65O-672l.
| $50 in Stone vs.. Mississippi llO2 Z, S., Sl6l
where the Constitution involved Mgansi
| the repeal by the State of charter granted
| to Il private corporation to conduct Il lottery
ana for which that corporation paid to the
| State ~ valuable consideration in money, tie
court said
"'No Legislature can bargain away the public
| health or the public morals. The people them.
| selves cannot do it, much less their servants
Government is organized with n view to thei1
preservation, and cannot divest itself of the
| power to provide for them
| again, in Butchers Union Company vs.
Crescent City Company III. L. s., 75ll, it was
said that the Suite could not, by any contract
| limit the exercises Of her power to the preju
| dice of the public health and the public
| morals.
| OBLIGATIONS OF OWNERS
The principle that no person shall be de
| prlVed OF llfe liberty or property without due
| process of law was embodied in the constitu
| tons of nearly ALL if not all, of the severa
| States ut the time of the adoption OF tho four
| teenth amendment. 1t has never been regard
| ed us incompatible with the principle equal,
vital, because essential to tho peace and safety
of society, that I'LL property in this country j!
held under the implied obligation that the own
ers use of it shall not be injurious to the equl
enjoyE ent of others having an equal right tx
| the enjoyment of their property, nor in
| furious to the rights of the community Bee
Company vs.. Massachusetts (97 U. S., 32); Pat
terson VS.. Kentucky or u S., sob; Common
| wealth VS.. Alger (Cush. 3d.
An illustration of this doctrine is given III
Patterson VS.. Kentucky. The question there
| was us to the validity of IL statute of Kentucky
| enacted i'll 1874, imposing penalty upon any
one selling, offering for sale, oils and fluids
the product of coal. petroleum., or other btu
1ninous substances which did not burn or ig
mite ut IL temperature OF $50 degrees Earhrenhci
| and upward. Patterson having sold, within
that commonwealth, certain oil. for which
letters patent We're issued i'll 1867. but which die
not come up to the standard re luired by said
| statute. and huvn. been indicted therefor
disputed the States authority to prevent or oh
| struct the exercise OF that right
| POLICE POWERS OF SThIFS
This court uphold the legislation of Ken.
| lucky upon the ground that, while the STINT.
| could not impair the exclusive right of the
patentee or of his assignee in the discovery de